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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Engrossed in Senate (ES)]

112th CONGRESS
  1st Session
                                 S. 679

_______________________________________________________________________

                                 AN ACT

 
     To reduce the number of executive positions subject to Senate 
                             confirmation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Appointment Efficiency 
and Streamlining Act of 2011''.

SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL.

    (a) Agriculture.--
            (1) Assistant secretary of agriculture for 
        administration.--Section 218(b) of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is 
        amended--
                    (A) by striking ``subsection (a)'' and inserting 
                ``paragraph (1) or (3) of subsection (a)'';
                    (B) by striking subsection (c); and
                    (C) by redesignating subsection (d) as subsection 
                (c).
            (2) Rural utilities service administrator.--Section 
        232(b)(1) of the Department of Agriculture Reorganization Act 
        of 1994 (7 U.S.C. 6942(b)(1)) is amended--
                    (A) by striking ``, by and with the advice and 
                consent of the Senate'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
            (3) Commodity credit corporation.--Section 9(a) of the 
        Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is 
        amended in the third sentence by striking ``by and with the 
        advice and consent of the Senate''.
    (b) Commerce.--
            (1) Chief scientist; national oceanic and atmospheric 
        administration.--Section 2(d) of Reorganization Plan No. 4 of 
        1970 (5 U.S.C. App. 1) is amended by striking ``, by and with 
        the advice and consent of the Senate,''.
    (c) Department of Defense.--
            (1) Assistant secretaries of defense.--
                    (A) In general.--Section 138(a)(1) of title 10, 
                United States Code, is amended by striking ``16'' and 
                inserting ``14''.
                    (B) Administration of reduction.--The Assistant 
                Secretary of Defense positions eliminated in accordance 
                with the reduction in numbers required by the amendment 
                made by subparagraph (A) shall be--
                            (i) the Assistant Secretary of Defense for 
                        Networks and Information Integration; and
                            (ii) the Assistant Secretary of Defense for 
                        Public Affairs.
                    (C) Continued service of incumbents.--
                Notwithstanding the requirements of this paragraph, any 
                individual serving in a position described under 
                subparagraph (B) on the date of the enactment of this 
                Act may continue to serve in such position without 
                regard to the limitation imposed by the amendment in 
                subparagraph (A).
                    (D) Plan for successor positions.--Not later than 
                180 days after the date of the enactment of this Act, 
                the Secretary of Defense shall report to the 
                congressional defense committees on his plan for 
                successor positions, not subject to Senate 
                confirmation, for the positions eliminated in 
                accordance with the requirements of this paragraph.
            (2) Members of national security education board.--Section 
        803(b)(7) of the David L. Boren National Security Education Act 
        of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking ``by and 
        with the advice and consent of the Senate,''.
            (3) Director of selective service.--Section 10(a)(3) of the 
        Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate''.
    (d) Department of Education.--
            (1) Assistant secretary for management.--Section 202(e) of 
        the Department of Education Organization Act (20 U.S.C. 
        3412(e)) is amended by inserting after the first sentence the 
        following: ``Notwithstanding the previous sentence, the 
        appointments of individuals to serve as the Assistant Secretary 
        for Management shall not be subject to the advice and consent 
        of the Senate.''.
            (2) Commissioner, education statistics.--Section 117(b) of 
        the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) 
        is amended by striking ``, by and with the advice and consent 
        of the Senate,''.
    (e) Department of Health and Human Services.--
            (1) Assistant secretary for public affairs.--
        Notwithstanding any other provision of law, the appointment of 
        an individual to serve as the Assistant Secretary for Public 
        Affairs within the Department of Health and Human Services 
        shall not be subject to the advice and consent of the Senate.
    (f) Department of Homeland Security.--
            (1) Director of the office for domestic preparedness; 
        assistant administrator of the federal emergency management 
        agency, grant programs.--Section 430(b) of the Homeland 
        Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking 
        ``, by and with the advice and consent of the Senate''.
            (2) Administrator of the united states fire 
        administration.--Section 5(b) of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2204(b)) is amended by 
        striking ``, by and with the advice and consent of the 
        Senate,''.
            (3) Director of the office of counternarcotics 
        enforcement.--Section 878(a) of the Homeland Security Act of 
        2002 (6 U.S.C. 458(a)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (4) Chief medical officer.--Section 516(a) of the Homeland 
        Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking 
        ``, by and with the advice and consent of the Senate''.
            (5) Assistant secretaries.--Section 103(a) of the Homeland 
        Security Act of 2002 (6 U.S.C. 113(a) is amended--
                    (A) by striking ``There'' and inserting ``(1) In 
                general.--Except as provided under paragraph (2), 
                there'';
                    (B) by redesignating paragraphs (1) through (10) as 
                subparagraphs (A) through (J), respectively; and
                    (C) by adding at the end the following:
            ``(2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is designated to 
        be the Assistant Secretary for Health Affairs, the Assistant 
        Secretary for Legislative Affairs, or the Assistant Secretary 
        for Public Affairs, that Assistant Secretary shall be appointed 
        by the President without the advice and consent of the 
        Senate.''.
    (g) Housing and Urban Development; Assistant Secretary for Public 
Affairs.--Section 4(a) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3533(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``eight'' and inserting ``7''; and
            (3) by adding at the end the following:
    ``(2) There shall be in the Department an Assistant Secretary for 
Public Affairs, who shall be appointed by the President and shall 
perform such functions, powers, and duties as the Secretary shall 
prescribe from time to time.''.
    (h) Department of Justice.--
            (1) Director, bureau of justice statistics.--Section 302(b) 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3732(b)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (2) Director, bureau of justice assistance.--Section 401(b) 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3741(b)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (3) Director, national institute of justice.--Section 
        202(b) of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3722(b)) is amended by striking ``, by 
        and with the advice and consent of the Senate''.
            (4) Administrator, office of juvenile justice and 
        delinquency prevention.--Section 201(b) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate,''.
            (5) Director, office for victims of crime.--Section 1411(b) 
        of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate''.
    (i) Department of Labor.--
            (1) Assistant secretaries for administration and management 
        and public affairs.--Notwithstanding section 2 of the Act of 
        April 17, 1946 (29 U.S.C. 553), the appointment of individuals 
        to serve as the Assistant Secretary for Administration and 
        Management and the Assistant Secretary for Public Affairs 
        within the Department of Labor, shall not be subject to the 
        advice and consent of the Senate.
            (2) Director of the women's bureau.--Section 2 of the Act 
        of June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by 
        and with the advice and consent of the Senate''.
    (j) Department of State; Assistant Secretary for Public Affairs and 
Assistant Secretary for Administration.--Section 1(c)(1) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
amended--
            (1) by striking ``, each of whom shall be appointed by the 
        President, by and with the advice and consent of the Senate, 
        and''; and
            (2) by adding at the end the following: ``Each Assistant 
        Secretary of State shall be appointed by the President, by and 
        with the advice and consent of the Senate, except that the 
        appointments of the Assistant Secretary for Public Affairs and 
        the Assistant Secretary for Administration shall not be subject 
        to the advice and consent of the Senate.''.
    (k) Department of Transportation.--
            (1) Assistant secretaries.--Section 102(e) of title 49, 
        United States Code, is amended--
                    (A) by striking ``(e) The Department'' and all that 
                follows through ``An Assistant Secretary'' and 
                inserting the following:
    ``(e) Assistant Secretaries; General Counsel.--
            ``(1) Appointment.--The Department has 5 Assistant 
        Secretaries and a General Counsel, including--
                    ``(A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary for 
                Governmental Affairs, and an Assistant Secretary for 
                Transportation Policy, who shall each be appointed by 
                the President, with the advice and consent of the 
                Senate;
                    ``(B) an Assistant Secretary for Budget and 
                Programs who shall be appointed by the President;
                    ``(C) an Assistant Secretary for Administration, 
                who shall be appointed by the Secretary, with the 
                approval of the President; and
                    ``(D) a General Counsel, who shall be appointed by 
                the President, with the advice and consent of the 
                Senate.
            ``(2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers prescribed by 
        the Secretary. An Assistant Secretary''.
            (2) Deputy administrator, federal aviation 
        administration.--Section 106 of title 49, United States Code, 
        is amended--
                    (A) in subsection (b), by striking ``. The 
                Administration has a Deputy Administrator. They are 
                appointed'' and inserting ``, who shall be appointed''; 
                and
                    (B) in subsection (d)(1), by striking ``The Deputy 
                Administrator must'' and inserting ``The Administration 
                has a Deputy Administrator, who shall be appointed by 
                the President. In making an appointment, the President 
                shall consider the fitness of the appointee to 
                efficiently carry out the duties and powers of the 
                office. The Deputy Administrator shall''.
    (l) Department of the Treasury.--
            (1) Assistant secretaries for public affairs and 
        management.--Section 301(e) of title 31, United States Code, is 
        amended--
                    (A) by striking ``10 Assistant Secretaries'' and 
                inserting ``8 Assistant Secretaries''; and
                    (B) by inserting ``The Department shall have 2 
                Assistant Secretaries not subject to the advice and 
                consent of the Senate who shall be the Assistant 
                Secretary for Public Affairs, and the Assistant 
                Secretary for Management.'' after the first sentence.
            (2) Treasurer of the united states.--Section 301(d) of 
        title 31, United States Code, is amended--
                    (A) by striking ``2 Deputy Under Secretaries, and a 
                Treasurer of the United States'' and inserting ``and 2 
                Deputy Under Secretaries'', and
                    (B) by inserting ``and a Treasurer of the United 
                States appointed by the President'' after ``Fiscal 
                Assistant Secretary appointed by the Secretary''.
    (m) Department of Veterans Affairs.--Section 308(a) of title 38, 
United States Code, is amended--
            (1) by striking ``There shall'' and inserting ``(1) There 
        shall'';
            (2) in paragraph (1), as designated by paragraph (1) of 
        this subsection, by striking ``Each Assistant'' and all that 
        follows through the period at the end; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Except as provided in paragraph (3), each Assistant Secretary 
appointed under paragraph (1) shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(3) The following Assistant Secretaries may be appointed without 
the advice and consent of the Senate:
            ``(A) The Assistant Secretary for Management.
            ``(B) The Assistant Secretary for Human Resources and 
        Administration.
            ``(C) The Assistant Secretary for Public and 
        Intergovernmental Affairs.
            ``(D) The Assistant Secretary for Operations, Security, and 
        Preparedness.''.
    (n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States Code, is 
amended by striking ``by and with the advice and consent of the 
Senate''.
    (o) Council of Economic Advisers, Members.--Section 10 of the 
Employment Act of 1946 (15 U.S.C. 1023) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Creation; Composition; Qualifications; Chairman and Vice 
Chairman.--
            ``(1) Creation.--There is created in the Executive Office 
        of the President a Council of Economic Advisers (hereinafter 
        called the `Council').
            ``(2) Composition.--The Council shall be composed of three 
        members, of whom--
                    ``(A) 1 shall be the chairman who shall be 
                appointed by the President by and with the advice and 
                consent of the Senate; and
                    ``(B) 2 shall be appointed by the President.
            ``(3) Qualifications.--Each member shall be a person who, 
        as a result of training, experience, and attainments, is 
        exceptionally qualified to analyze and interpret economic 
        developments, to appraise programs and activities of the 
        Government in the light of the policy declared in section 2, 
        and to formulate and recommend national economic policy to 
        promote full employment, production, and purchasing power under 
        free competitive enterprise.
            ``(4) Vice chairman.--The President shall designate 1 of 
        the members of the Council as vice chairman, who shall act as 
        chairman in the absence of the chairman.''.
    (p) Corporation for National and Community Service; Managing 
Director.--Section 194(a)(1) of the National and Community Service Act 
of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking ``, by and with 
the advice and consent of the Senate''.
    (q) National Council on Disability Members.--Section 400(a)(1)(A) 
of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended 
by striking ``, by and with the advice and consent of the Senate''.
    (r) National Foundation on the Arts and the Humanities; National 
Museum and Library Services Board; Members.--Section 207(b)(1) of the 
Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended--
            (1) in subparagraph (D), by striking ``, by and with the 
        advice and consent of the Senate''; and
            (2) in subparagraph (E), by striking ``, by and with the 
        advice and consent of the Senate''.
    (s) National Science Foundation; Board Members.--Section 4(a) of 
the National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is 
amended by striking ``, by and with the advice and consent of the 
Senate,''.
    (t) Office of National Drug Control Policy; Deputy Directors.--
Section 704(a)(1) of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read 
as follows:
            ``(1) In general.--
                    ``(A) Director.--The Director shall be appointed by 
                the President, by and with the advice and consent of 
                the Senate, and shall serve at the pleasure of the 
                President.
                    ``(B) Deputy directors.--The Deputy Director of 
                National Drug Control Policy, Deputy Director for 
                Demand Reduction, the Deputy Director for Supply 
                Reduction, and the Deputy Director for State, Local, 
                and Tribal Affairs shall each be appointed by the 
                President and serve at the pleasure of the President.
                    ``(C) Deputy director for demand reduction.--In 
                appointing the Deputy Director for Demand Reduction 
                under this paragraph, the President shall take into 
                consideration the scientific, educational, or 
                professional background of the individual, and whether 
                the individual has experience in the fields of 
                substance abuse prevention, education, or treatment.''.
    (u) Office of Navajo and Hopi Relocation; Commissioner.--Section 
12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-11(b)(1)) is amended by 
striking ``by and with the advice and consent of the Senate''.
    (v) United States Agency for International Development.--
            (1) Assistant administrator for management.--
        Notwithstanding section 624(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2384(a)), the appointment by the President of 
        the Assistant Administrator for Management at the United States 
        Agency for International Development shall not be subject to 
        the advice and consent of the Senate.
    (w) Community Development Financial Institution Fund; 
Administrator.--Section 104(b)(1) of the Community Development Banking 
and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is 
amended by striking ``, by and with the advice and consent of the 
Senate''.
    (x) Department of Transportation; St. Lawrence Seaway Development 
Corporation; Administrator.--Subsection (a) of section 2 of the Act of 
May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 
982(a)) is amended by striking ``, by and with the advice and consent 
of the Senate, for a term of seven years''.
    (y) Mississippi River Commission; Commissioner.--Section 2 of the 
Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence 
by striking ``, by and with the advice and consent of the Senate,''.
    (z) Governor and Alternate Governor of the African Development 
Bank.--
            (1) In general.--Section 1333 of the African Development 
        Bank Act (22 U.S.C. 290i-1) is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by striking ``(a) The President'' and all that 
                follows through ``The term of office'' and inserting 
                the following:
    ``(a) The President shall appoint a Governor and an Alternate 
Governor of the Bank--
            ``(1) by and with the advice and consent of the Senate; or
            ``(2) from among individuals serving as officials required 
        by law to be appointed by and with the advice and consent of 
        the Senate.
    ``(b) The term of office''.
            (2) Conforming amendments.--Section 1334 of such Act (22 
        U.S.C. 290i-2) is amended--
                    (A) by striking ``The Director or Alternate 
                Director'' and inserting the following:
    ``(b) The Director or Alternate Director''; and
                    (B) by inserting before subsection (b), as 
                redesignated, the following:
    ``(a) The President, by and with the advice and consent of the 
Senate, shall appoint a Director of the Bank.''.
    (aa) Governor and Alternate Governor of the Asian Development 
Bank.--Section 3(a) of the Asian Development Bank Act (22 U.S.C. 
285a(a)) is amended to read as follows:
    ``(a) The President shall appoint--
            ``(1) a Governor of the Bank and an alternate for the 
        Governor--
                    ``(A) by and with the advice and consent of the 
                Senate; or
                    ``(B) from among individuals serving as officials 
                required by law to be appointed by and with the advice 
                and consent of the Senate; and
            ``(2) a Director of the Bank, by and with the advice and 
        consent of the Senate.''.
    (bb) Governor and Alternate Governor of the African Development 
Fund.--Section 203(a) of the African Development Fund Act (22 U.S.C. 
290g-1(a)) is amended to read as follows:
    ``(a) The President shall appoint a Governor, and an Alternate 
Governor, of the Fund--
            ``(1) by and with the advice and consent of the Senate; or
            ``(2) from among individuals serving as officials required 
        by law to be appointed by and with the advice and consent of 
        the Senate.''.
    (cc) National Board for Education Sciences; Members.--Section 
116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9516(c)(1)) is amended by striking ``, by and with the advice and 
consent of the Senate''.
    (dd) National Institute for Literacy Advisory Board; Members.--
Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 
U.S.C. 9252(e)(1)(A)) is amended by striking ``with the advice and 
consent of the Senate''.
    (ee) Institute of American Indian and Alaska Native Culture and 
Arts Development; Member, Board of Trustees.--Section 1505 of the 
American Indian, Alaska Native, and Native Hawaiian Culture and Art 
Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking ``by 
and with the advice and consent of the Senate''.
    (ff) Public Health Service Commissioned Officer Corps.--
            (1) Appointment.--Section 203(a)(3) of the Public Health 
        Service Act (42 U.S.C. 204(a)(3)) is amended by striking ``with 
        the advice and consent of the Senate''.
            (2) Promotions.--Section 210(a) of the Public Health 
        Service Act (42 U.S.C. 211(a)) is amended by striking ``, by 
        and with the advice and consent of the Senate''.
    (gg) National Oceanic and Atmospheric Administration Commissioned 
Officer Corps.--
            (1) Appointments and promotions to permanent grades.--
        Section 226 of the National Oceanic and Atmospheric 
        Administration Commissioned Officer Corps Act of 2002 (33 
        U.S.C. 3026) is amended by striking ``, by and with the advice 
        and consent of the Senate''.
            (2) Positions of importance and responsibility.--Section 
        228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by 
        striking ``, by and with the advice and consent of the 
        Senate''.
            (3) Temporary appointments and promotions generally.--
        Section 229 of such Act (33 U.S.C. 3029) is amended--
                    (A) by striking ``alone'' each place it appears; 
                and
                    (B) in subsection (a), in the second sentence, by 
                striking ``unless the Senate sooner gives its advice 
                and consent to the appointment''.
    (hh) Rule of Construction.--Notwithstanding section 3132(a)(2) of 
title 5, United States Code, removal of Senate confirmation for any 
position in this section shall not--
            (1) result in any such position being placed in the Senior 
        Executive Service; or
            (2) alter compensation for any such position under the 
        Executive Schedule or other applicable compensation provisions 
        of law.

SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.

    (a) In General.--Section 21 of the title 13, United States Code, is 
amended to read as follows:
``Sec. 21. Director of the Census; duties
    ``(a) Appointment.--
            ``(1) In general.--The Bureau shall be headed by a Director 
        of the Census, appointed by the President, by and with the 
        advice and consent of the Senate, without regard to political 
        affiliation.
            ``(2) Qualifications.--Such appointment shall be made from 
        individuals who have a demonstrated ability in managing large 
        organizations and experience in the collection, analysis, and 
        use of statistical data.
    ``(b) Term of Office.--
            ``(1) In general.--The term of office of the Director shall 
        be 5 years, and shall begin on January 1, 2012, and every fifth 
        year thereafter. An individual may not serve more than 2 full 
        terms as Director.
            ``(2) Vacancies.--Any individual appointed to fill a 
        vacancy in such position, occurring before the expiration of 
        the term for which such individual's predecessor was appointed, 
        shall be appointed for the remainder of that term. The Director 
        may serve after the end of the Director's term until 
        reappointed or until a successor has been appointed, but in no 
        event longer than 1 year after the end of such term.
            ``(3) Removal.--An individual serving as Director may be 
        removed from office by the President. The President shall 
        communicate in writing the reasons for any such removal to both 
        Houses of Congress not later than 60 days before the removal.
            ``(4) Personnel actions.--Except as provided under 
        paragraph (3), nothing in this subsection shall prohibit a 
        personnel action otherwise authorized by law with respect to 
        the Director of the Census, other than removal.
    ``(c) Duties.--The Director shall perform such duties as may be 
imposed upon the Director by law, regulations, or orders of the 
Secretary.''.
    (b) Transition Rules.--
            (1) Appointment of initial director.--The initial Director 
        of the Bureau of the Census shall be appointed in accordance 
        with the provisions of section 21(a) of title 13, United States 
        Code, as amended by subsection (a).
            (2) Interim role of current director of the census after 
        date of enactment.--If, as of January 1, 2012, the initial 
        Director of the Bureau of the Census has not taken office, the 
        officer serving on December 31, 2011, as Director of the Census 
        (or Acting Director of the Census, if applicable) in the 
        Department of Commerce--
                    (A) shall serve as the Director of the Bureau of 
                the Census; and
                    (B) shall assume the powers and duties of such 
                Director for one term beginning January 1, 2012, as 
                described in section 21(b) of such title, as so 
                amended.
    (c) Technical and Conforming Amendments.--Not later than January 1, 
2012, the Secretary of Commerce, in consultation with the Director of 
the Census, shall submit to each House of the Congress draft 
legislation containing any technical and conforming amendments to title 
13, United States Code, and any other provisions which may be necessary 
to carry out the purposes of this section.

SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE 
              NOMINATIONS.

    (a) Establishment.--There is established the Working Group on 
Streamlining Paperwork for Executive Nominations (in this section 
referred to as the ``Working Group'').
    (b) Membership.--
            (1) Composition.--The Working Group shall be composed of--
                    (A) the chairperson who shall be--
                            (i) except as provided under clause (ii), 
                        the Director of the Office of Presidential 
                        Personnel; or
                            (ii) a Federal officer designated by the 
                        President;
                    (B) representatives designated by the President 
                from--
                            (i) the Office of Personnel Management;
                            (ii) the Office of Government Ethics; and
                            (iii) the Federal Bureau of Investigation; 
                        and
                    (C) individuals appointed by the chairperson of the 
                Working Group who have experience and expertise 
                relating to the Working Group, including--
                            (i) individuals from other relevant Federal 
                        agencies; and
                            (ii) individuals with relevant experience 
                        from previous presidential administrations.
    (c) Streamlining of Paperwork Required for Executive Nominations.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Working Group shall conduct a study 
        and submit a report on the streamlining of paperwork required 
        for executive nominations to--
                    (A) the President;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Rules and Administration of 
                the Senate.
            (2) Consultation with committees of the senate.--In 
        conducting the study under this section, the Working Group 
        shall consult with the chairperson and ranking member of the 
        committees referred to under paragraph (1) (B) and (C).
            (3) Contents.--
                    (A) In general.--The report submitted under this 
                section shall include--
                            (i) recommendations for the streamlining of 
                        paperwork required for executive nominations; 
                        and
                            (ii) a detailed plan for the creation and 
                        implementation of an electronic system for 
                        collecting and distributing background 
                        information from potential and actual 
                        Presidential nominees for positions which 
                        require appointment by and with the advice and 
                        consent of the Senate.
                    (B) Electronic system.--The electronic system 
                described under subparagraph (A)(ii) shall--
                            (i) provide for--
                                    (I) less burden on potential 
                                nominees for positions which require 
                                appointment by and with the advice and 
                                consent of the Senate;
                                    (II) faster delivery of background 
                                information to Congress, the White 
                                House, the Federal Bureau of 
                                Investigation, Diplomatic Security, and 
                                the Office of Government Ethics; and
                                    (III) fewer errors of omission; and
                            (ii) ensure the existence and operation of 
                        a single, searchable form which shall be known 
                        as a ``Smart Form'' and shall--
                                    (I) be free to a nominee and easy 
                                to use;
                                    (II) make it possible for the 
                                nominee to answer all vetting questions 
                                one way, at a single time;
                                    (III) secure the information 
                                provided by a nominee;
                                    (IV) allow for multiple submissions 
                                over time, but always in the format 
                                requested by the vetting agency or 
                                entity;
                                    (V) be compatible across different 
                                computer platforms;
                                    (VI) make it possible to easily 
                                add, modify, or subtract vetting 
                                questions;
                                    (VII) allow error checking; and
                                    (VIII) allow the user to track the 
                                progress of a nominee in providing the 
                                required information.
    (d) Review of Background Investigation Requirements.--
            (1) In general.--The Working Group shall conduct a review 
        of the impact of background investigation requirements on the 
        appointments process.
            (2) Conduct of review.--In conducting the review, the 
        Working Group shall--
                    (A) assess the feasibility of using personnel other 
                than Federal Bureau of Investigation personnel, in 
                appropriate circumstances, to conduct background 
                investigations of individuals under consideration for 
                positions appointed by the President, by and with the 
                advice and consent of the Senate; and
                    (B) consider the extent to which the scope of the 
                background investigation conducted for an individual 
                under consideration for a position appointed by the 
                President, by and with the advice and consent of the 
                Senate, should be varied depending on the nature of the 
                position for which the individual is being considered.
            (3) Report.--Not later than 270 days after the date of 
        enactment of this Act, the Working Group shall submit a report 
        of the findings of the review under this subsection to--
                    (A) the President;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Rules and Administration of 
                the Senate.
    (e) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Federal officers and employees.--Each member of 
                the Working Group who is a Federal officer or employee 
                shall serve without compensation in addition to that 
                received for their services as a Federal officer or 
                employee.
                    (B) Members not federal officers and employees.--
                Each member of the Working Group who is not a Federal 
                officer or employee shall not be compensated for 
                services performed for the Working Group.
            (2) Travel expenses.--The members of the Working Group 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Working Group.
            (3) Staff.--
                    (A) In general.--The President may designate 
                Federal officers and employees to provide support 
                services for the Working Group.
                    (B) Detail of federal employees.--Any Federal 
                employee may be detailed to the Working Group without 
                reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
    (f) Non-Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Working Group established under this section.
    (g) Termination of the Working Group.--The Working Group shall 
terminate 60 days after the date on which the Working Group submits the 
latter of the 2 reports under this section.

SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.

    (a) Definitions.--In this section--
            (1) the term ``agency'' means an Executive agency defined 
        under section 105 of title 5, United States Code; and
            (2) the term ``covered position'' means a position in an 
        agency that requires appointment by the President without the 
        advice and consent of the Senate.
    (b) In General.--Not later than 180 days after the date of 
enactment of this Act, the Government Accountability Office shall 
conduct a study and submit a report on covered positions to Congress 
and the President.
    (c) Contents.--The report submitted under this section shall 
include--
            (1) a determination of the number of covered positions in 
        each agency;
            (2) an evaluation of whether maintaining the total number 
        of covered positions is necessary;
            (3) an evaluation of the benefits and disadvantages of--
                    (A) eliminating certain covered positions;
                    (B) converting certain covered positions to career 
                positions or positions in the Senior Executive Service 
                that are not career reserved positions; and
                    (C) converting any categories of covered positions 
                to career positions;
            (4) the identification of--
                    (A) covered positions described under paragraph 
                (3)(A) and (B); and
                    (B) categories of covered positions described under 
                paragraph (3)(C); and
            (5) any other recommendations relating to covered 
        positions.

SEC. 6. EFFECTIVE DATE.

    (a) Presidential Appointments Not Subject to Senate Approval.--The 
amendments made by section 2 shall take effect 60 days after the date 
of enactment of this Act and apply to appointments made on and after 
that effective date, including any nomination pending in the Senate on 
that date.
    (b) Director of the Census and Working Group.--The provisions of 
sections 3 and 4 (including any amendments made by those sections) 
shall take effect on the date of enactment of this Act.

            Passed the Senate June 29, 2011.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                                 S. 679

_______________________________________________________________________

                                 AN ACT

     To reduce the number of executive positions subject to Senate 
                             confirmation.
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